News & Analysis as of

Job Applicants Title VII Civil Rights Act

Clark Hill PLC

Artificial Discrimination: AI Vendors May Be Liable for Hiring Bias in Their Tools

Clark Hill PLC on

A federal court in California largely rejected the workplace screening company WorkDay’s motion to dismiss a hiring discrimination lawsuit brought against the company for its role in screening and evaluating job applicants....more

Proskauer - Law and the Workplace

Job Applicant’s Algorithmic Bias Discrimination Lawsuit Survives Motion to Dismiss

In a recent development in Mobley vs. Workday, Inc., the United States District Court for the Northern District of California denied in part Workday, Inc.’s (“Workday”) Motion to Dismiss, allowing the Plaintiff to pursue...more

McAfee & Taft

Employer in deep Sheetz over criminal history check

McAfee & Taft on

A large convenience store chain recently learned about the Equal Employment Opportunity Commission’s intention to challenge how employers use arrest and conviction records to make hiring decisions....more

Obermayer Rebmann Maxwell & Hippel LLP

Credentialism and Disparate Impact Discrimination - No Degree, No Problem!?

The job search process was frustrating for my firstborn, Mateo.  He had his coder certificate and ten years’ experience as a security and IT specialist but when he applied for certain roles, even at his current employer, he...more

Tonkon Torp LLP

Using AI to Facilitate Employment-Related Processes Carries Risk

Tonkon Torp LLP on

Artificial Intelligence (AI) is everywhere and is being used in virtually all industries. A survey by the Society for Human Resource Management last year found that almost 25% of employers use AI to make employment-related...more

U.S. Equal Employment Opportunity Commission...

Job Seekers Not Hired by Radiant Services in Gardena May Have Suffered Discrimination, EEOC Says

People Not Selected to Work at Gardena Laundry Encouraged to Contact Federal Agency - LOS ANGELES -- On Sept. 13, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit in federal court in Los...more

U.S. Equal Employment Opportunity Commission...

Job Seekers Who Applied to National Staffing Agency BaronHR May Have Suffered Discrimination, EEOC Says

People Not Selected for Job Placement Encouraged to Contact Federal Agency - LOS ANGELES -- On Sept. 13, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit in federal court against BaronHR for...more

Husch Blackwell LLP

EEOC Issues Guidance on Assessing AI Employment Tools Under Title VII

Husch Blackwell LLP on

Key Point: The EEOC released guidance to employers on how to assess adverse impacts when using artificial intelligence (AI) in the employment decision-making process. The Equal Employment Opportunity Commission (EEOC)...more

Williams Mullen

EEOC Issues Guidance on Potential Discriminatory Impact of Artificial Intelligence

Williams Mullen on

Federal and state civil rights and anti-discrimination laws prohibit employment discrimination based on race, color, national origin, religion, sex, disability, age, genetic information, and other protected characteristics....more

Foster Swift Collins & Smith

Benefits and Legal Risks of Using Generative AI in Hiring Offers

Foster Swift attorneys Tony Dalimonte and Michael Cassar recently teamed-up for a presentation on the potential legal risks related to the use of artificial intelligence (AI) tools in the recruiting and hiring process. ...more

Akin Gump Strauss Hauer & Feld LLP

EEOC Releases New AI Guidance for Employers

On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued new technical guidance on how to measure adverse impact when employment selection tools use artificial intelligence (AI), titled “Assessing...more

Manatt, Phelps & Phillips, LLP

EEOC Takes On Title VII and AI

Adding to the growing commentary on artificial intelligence (AI) in the employment context, the Equal Employment Opportunity Commission (EEOC) recently issued a technical assistance document....more

Troutman Pepper

With Great Hiring Power Comes Great Responsibility: EEOC Releases New Warnings for Employers Leveraging AI

Troutman Pepper on

Q. Has the U.S. Equal Employment Opportunity Commission (EEOC) issued any recent guidance regarding employers’ use of artificial intelligence (AI)? ...more

FordHarrison

EEOC's Guidance on Artificial Intelligence: Hiring and Employment-related Actions Taken using Artificial Intelligence may be...

FordHarrison on

Executive Summary: The Equal Employment Opportunity Commission (EEOC) recently published a technical assistance document providing guidance on when the use of artificial intelligence or algorithms in employee selection...more

King & Spalding

Emerging Themes Relating to the Use of Artificial Intelligence in the Workplace

King & Spalding on

Companies are increasingly exploring the use of artificial intelligence (AI) and automated decision-making technologies to manage human capital, including for recruitment, hiring and performance purposes. Vendors offer...more

Pillsbury Winthrop Shaw Pittman LLP

AI Users Beware: Federal, State and Local Legislators and Regulators to Crack Down on AI-Related Employment Discrimination

According to a 2022 survey from the Society for Human Resource Management, approximately one in four organizations use automation and/or AI to support employment-related activities, such as recruitment and hiring. AI tools...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC reminds employers that Title VII applies to AI

No breaking news here, folks. The Equal Employment Opportunity Commission has issued a resource on artificial intelligence, Select Issues: Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EEOC Considering Guidance on AI Tools Beyond ADA, Official Says

The U.S. Equal Employment Opportunity Commission (EEOC) is examining potential discriminatory implications of the use of automated systems and artificial intelligence (AI) to make employment decisions beyond the Americans...more

Sherman & Howard L.L.C.

“AI Made Me Do It” No Defense When Using Automation in Employment

After the Equal Employment Opportunity Commission (“EEOC”) recently indicated it intends to increase scrutiny over employers’ use of artificial intelligence (“AI”) and machine learning in recruitment, hiring, and disciplinary...more

Fisher Phillips

Weekly Checklist: Do Your Job Descriptions Need an Update for 2023?

Fisher Phillips on

Each week, FP Weekly members receive a practical and cutting-edge checklist of issues to consider, action steps to take, and goals to accomplish to ensure you remain on the top of your game when it comes to workplace...more

Franczek P.C.

Seventh Circuit Finds for School District in Employee “Reverse Race Discrimination” Claim

Franczek P.C. on

Recently, the Seventh Circuit—the circuit court governing Illinois—upheld a lower court’s judgment in favor of a school district defending against two reverse race discrimination claims brought by a longtime District...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Gypsum Express for Sex Discrimination, Retaliation and Constructive Discharge

Trucking Company Subjected Women to Sex-Based Discrimination in Hiring, Federal Agency Charges - INDIANAPOLIS — The U.S. Equal Employment Opportunity Commission (EEOC) today announced that it filed suit against Gypsum...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Supreme Staffing LLC, Inspire Hotel Staffing LLC, and fetter Placement LLC for Race Discrimination

Staffing Companies Refused to Select, Refer, and Place Black Applicants or Assigned Them to Less Desirable and Lower-Paying Positions, Federal Agency Charges - Memphis, Tenn. – Supreme Staffing LLC, Inspire Hotel Staffing...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Landmark Dodge and Landmark South for Sex Discrimination in Hiring and Retaliation

Car Dealership Segregated Sales and Office Positions Based on Sex and Retaliated Against HR Employees Who Challenged the Practice, Federal Agency Charges - ST. LOUIS – Landmark Dodge and Landmark South, an Independence,...more

Stokes Wagner

Do You Know Your Obligations to Transgender Employees and Job Applicants?

Stokes Wagner on

The subject of transgender Americans has been raised a lot recently, sometimes in political contexts, but regardless of the politics, it is important for employers to understand their obligations with respect to transgender...more

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